GDPR RULES 2018 AND RESTRICTIONS UNDER MHA CODE OF PRACTICE

For anyone who like me are being treated like criminals in respect of having massive restrictions imposed on them by their Trust or Council affecting contact with your relative you might want to exercise your rights under the GDPR 2018 to obtain from the NHS/Council all records of what they have been saying about you over the last few years.  

You have a right to see all records and a right to correct errors in any of them.

You need to make a formal Data Subject Access Request to your Trust/Council and any other Trust you believe has any records where you are the subject.  If you are on 2 on 1 supervision like I am there must be records of this from discussions between the medical and social services teams.  Other material will undoubtedly be making very adverse observations about you and you are entitled to set the record straight under GDPR

They will struggle to find any legitimate reason why you cannot have any material in which you are discussed as it is your legal right.  Of course they will resist but if they do you go to the ICO’s office. It is every bit possible that a ruling can be obtained declaring a that a local authority/trust breached the Data Protection Act ordering them to hand over the material if you are refused.  I would suggest to anyone affected that they use GDPR to get comments about them disclosed. 

I have had no choice but to do this following this response: “The Right of Access can entitle an individual to a copy of their personal data, however, on this occasion, Lincolnshire Partnership Foundation Trust (LPFT) will be applying an exemption as set out below. This is because we consider this to be “manifestly unfounded or excessive” as detailed in Article 12 (5) of the GDPR”. “You have not been in receipt of care from LPFT and therefore do not have any personal health records with LPFT that would be considered under this Data Subject Access Request.” However, with several letters alleging threatening behaviour on my part and notes written during phone calls and on visits (now banned) surely it is my right to be given anything relating to me personally, some of which has been redacted in the flawed capacity assessments done whilst under Ash Villa relating to me personally. No way has there been anywhere near the amount of alleged correspondence from myself. This is all very worrying that so many are writing and recording and backing one another hence the current restrictions visiting and phone restrictions against me. It is not only intimidating but amounts to bullying, especially when you read some of the comments said behind your back. I visited offices in Skegness last week to view CCTV footage of my visit to Trust HQ.  The only person present during this visit was the receptionist and for the most part I sat writing a letter as I was told no-one could see me. There was nothing in the CCTV footage to indicate any threatening hostile intimidation on my part having viewed this. However I received correspondence accusing me of presenting as hostile, aggressive, demanding immediate access to a senior manager and abuse. The contents of this unsigned letter dated 20 October 2023 was both intimidating and even mentioned “any incident where an employee is abused, threatened or assaulted in cirumstances relating to their work is unacceptable and not tolerated. This includes the serious or persistent use of verbal abuse, aggressive tone or language and swearing. “ My visit was not only witnessed but there was nothing to indicate any of this which is most disturbing that things like this are being recorded behind my back which is why I am asking for the records.

Another Unsigned letter from MHA Office:

The letter dated 28 October was sent to me via post and email.

“A decision has been made by the multi-disciplinary team (MDT) in charge of Elizabeth’s care to suspend your visits to Elizabeth for an initial period of 2 weeks. This is because of concerns about the impact of your visits on Elizabeth’s wellbeing and presentation.

The decision has been made in line with the Mental Health Act Code of Practice 2015, paragraph 11.14 which states that from time to time, the patient’s responsible clinician may decide, after assessment and discussion with the MDT, that some visits may be detrimental to the safety or wellbeing of the patient, the visitor or other patients or staff on the ward. In these circumstances, the responsibility clinician may restrict or exclude the visitor for a period of time.

Restrictions on visiting will be reviewed every 2 weeks and a decision will be made to either renew the restriction for a further period of 2 weeks or to allow visits to resume in line with the previous plan for scheduled supervised visits.

If you wish to speak to a member of the MDT either on teams or in person about this decision please contact lpft.careconcerns@nhs.net to advise us of your availability for a 45 minute appointment between 1 pm-3pm on Friday 1st December 2023.

Kind regards

The Mental Health Act Team

Chair Kevin Lockyer

CEO Sarah Connery

Another letter exactly the same as above has been sent on the 14th December extending my ban for another two weeks with threat of continuing ban by the MDT with the exception of one day supervised visit on Xmas Day. Rest of family visited Xmas Eve and had unsupervised visit so this is clearly aimed personally at me.   All this is conducive to her wellbeing and she has expressed her upset at staff sitting there writing notes during phone calls and past visits that were supervised. On Xmas Eve rest of the family stated that Elizabeth was “not too good”. Not one impact assessment has been done on myself or Lynsey to see what damage they are doing. 

A meeting took place on 1st December from which we gathered that it is clearly a one person decision and that is the Responsible Clinician who has overall power and they are acting ultra vires by going beyond their duties when there are Code of Conducts that are breached in addition to Guidelines but most of all the law in terms of MHA and MCA plus HRA.

I would state that exactly the same thing was done at Ash Villa, a previous hospital under LPFT rated good by CQC. All this time treated worse than any prisoner by LPFT and nothing done about it.

In the middle of all of this is my vulnerable daughter who is extremely unhappy on the ward which is unbearably noisy just like all the other facilities provided by the ICB in this area (Lincolnshire). She wanted to come home. She is also unhappy about staff writing notes at all times. This is degrading and undignified. She phoned at the weekend and said “why are you writing on a notepad”. LPFT have deprived escorted leave to the hospital shop, which was all she has to look forward by way of punishment by a nurse on the ward because it was claimed she was hostile. I am not allowed to take my daughter out let alone to the hairdressers on hospital grounds. They are detrimentally depriving my daughter of any tiny bit of enjoyment in her life which is non-existent thanks to LPFT who have not got a clue about the law, especially human rights law. On this doctor’s decision he is using the MDT to back him and it is very harmful what is being done right now and against the law but noone under LPFT seems to care less. I would describe what is going on right now as Organisational abuse and bullying.

The MHA Code of Practice is what has been mentioned in the letter I received.

Only half of s11.14 is mentioned. Here is the rest – why not include it all?

11.14	From time to time, a patient’s Responsible Clinician may decide, after assessment and discussion with the MDT, that some visits could be detrimental to the safety or wellbeing of the patient, the visitor, other patients or staff on the ward.   In these circumstances, the Responsible Clinician may make special arrangements for the visit, impose reasonable conditions or, if necessary, exclude the visitor.   In any of these cases, the reasons for the restriction should be recorded and explained to the patient and the visitor, both orally and in writing (subject to the normal considerations of patient confidentiality). Wherever possible 24 hour notice should be given of this decision.
Restriction Or Exclusion on Security Grounds
11.15	The behaviour of a particular visitor may be disruptive in the past, to the degree that exclusion from the hospital is necessary as a last resort.  Examples of such behaviour include:   Incitement to abscond   Smuggling of illicit drugs or alcohol into the hospital or unit   Transfer of potential weapons   Unacceptable aggression   Attempts by members of the media to gain unauthorised access
11.16	A decision to exclude a visitor on the grounds of their behaviour should be fully documented and explained to the patient orally and in writing.    Where possible and appropriate the reason for the decision should be communicated to the person being excluded (subject to the normal considerations of patient confidentiality and any overriding security concerns.

All I will say on this is the letter dated 28 October is very vague “because of concerns about the impact of visits on Elizabeth’s wellbeing and presentation.

My daughter is extremely unhappy at her treatment and who can blame her and absolutely hates being on the ward and has not benefitted in the slightest bit. She is being injected on virtually a daily basis and this is over and above her treatment approved by a CQC SOAD at high dosage – much much higher than in former area. In over two years she has deteriorated extensively. She has been allowed to miss countless meals. She has not been treated the same as everyone else – in fact it is as though she is on DoLs. She is held a virtual prisoner as you would expect someone to be held under S37/41. She is being punished right now by a nurse on the ward who is not allowing her any fresh air or exercise to walk to the hospital shop. How cruel is that. Even if ordered there is no way on earth I could work for an organisation such as LPFT who act as absolute bullies towards a vulnerable patient and have not once provided any psychological input for a trauma victim.

So, they are supposed to give a thorough description both orally and in writing of the ban and reasons for it and the reasons have to be very bad such as in S11.15. I do not come into any of these categories, bringing weapons, drugs, alcohol and press onto the wards but the route they are going down is to make me out to be aggressive, hostile and threatening when in actual fact is is LPFT who are threatening. They are using my vulnerable daughter as a tool in breach of Art 8, Art 2, Art 5 S6 HRA . They are in breach of the MHA Code of Conduct for not giving a thorough written description and going ahead with the ban in the most degrading manner witnessed by accompanying friends – it is a total threat to say that it can be renewed time and time again every 2 weeks especially with Xmas coming up. It also impacts on others who might wish to phone her directly on her phone which is kept in the locker at all times.

We know Elizabeth wants to come home at Xmas as she has told us many times. There is nothing now to look forward to re Xmas with an ongoing ban in place that can last forever. I cannot plan anything and it is absolutely horrible what they are doing and others in the MDT going along backing the person in charge who is using legal precedence to impose these restrictions that were in place at Ash Villa previously for weeks on end and did absolutely nothing in terms of make things better for my daughter. Whether or not the RC dislikes me should not come into decision making of this manner and then to try and use the Bolam test no longer applicable.

By taking away my daughter’s phone which is her property we as a family pay for this team of about 34 strangers think they are doing the right thing or is it to go along with things simply to protect their jobs under this dreadful area. Depriving her phone and putting it in the locker for a start is breach of Art 8 and Art 2. They are also depriving her of listening to her music, they are depriving her to readily contact the rest of the family so if they are looking to sever contact with me as it looks like, really they should be going down the legal route to do this via Court of Protection – instead they choose to go about their aims in a secretive manner by breaching the human acts act and leaving my vulnerable daughter at their cruel mercy. She was told by a nurse she could no longer go out into the grounds to the shop because she was hostile. Well who wouldn’t be! Their cruelty is unbelievable. How would they feel if they have been held a virtual prisoner for 2 years, denied fresh air and exercise to the point a physical health doctor commented she had muscle weakness to the entire body.

Noone from the family was invited to the Tribunal recently held. Elizabeth was deprived of attending the Manager’s Hearing recently and cut out completely “I am waiting in my room for the meeting but noone is coming”. How awful is that – to make out they are doing things fairly when everything is going on behind everyone’s backs and assessments taking place for care homes before the CTR and that is another thing. There is noone helping Elizabeth with the CTR. Who can trust anyone in an MDT who all stick together and back and protect one another. Instead of a nurse from the MDT Elizabeth should have someone independent backing her for the CTR and this is again not being done correctly.

Also countless meals were being missed at Ash Villa – breakfast, lunch and leaving her starving hungry. TOTAL NEGLIGENCE! Here at Castle Ward she has also been missing meals and not feeling at all well. “it is up to her if she wants meals or not. It is her decision” yet when they feel like it they will say she has no capacity for other decisions.

“I will never get better in here”

“I Miss you greatly, Mum” “I miss my cat please look after him for me”

“I would like to come home and live in the annex via the court of protection”

There is only one person in charge and that is the Responsible Clinician. He is using legal principles to obtain decisions referring to the fact that it is not his decision but that of the MDT. An MDT is clearly most detrimental as even if there are a few out of the 34 who disagree in this area rife with bullying it is more than their job is worth to speak up. They all stick together and this is seen in serious cases where someone dies. It is all about protecting their jobs. I have even heard it said in one dreadful care home “It is more than my job is worth” by an RMN.

The reasons for banning under s11.15 MHA Code of Practice are quite justifiable.

Incitement to abscond   Smuggling of illicit drugs or alcohol into the hospital or unit   Transfer of potential weapons   Unacceptable aggression   Attempts by members of the media to gain unauthorised access  

None of the above apply but a team of 34 would say anything about you behind your back as I have witnessed many times before. These comments are used in courts against you and are making out you are a very nasty person, who is threatening, abusive, incapable as a mother/carer to look after the vulnerable person properly and all this is being done to influence a Judge in their decision they make in courts that are held in secret and should be open and honest but to be fair to the Judge they can only go by what is written which is often a pack of lies and who is going to believe you as a parent/ carer / relative.

I have asked many times for a section 42 meeting but this has never been granted under LPFT. I was subject to a Section 42 meeting in the former area where 9 people sat around a table including the GP discussing me behind my back and my vulnerable daughter was prompted to tick boxes but noone was watching at the end because they were too busy otherwise to notice. Noone saw Elizabeth pick up the minutes and then she gave them to me. I also witnessed the note she had written that she wished the social worker would leave her alone and that she did not want to attend the meetings she was being forced to attend.

It was all about the same thing that is happening now but even worse in Lincolnshire. I receive an apology for the safeguarding that went on behind my back in Enfield by both Council and Trust via the Ombudsman. This just goes to show what goes on and how someone’s life can be destroyed by these people.

So if anyone else is going through similar to me my advice is to get everything on you under GDPR Rules for a start then take a look at the warranted list of justified reasons for banning you from visiting and ask for a thorough detailed description of why if, as I have encountered vague response that does not tie in with anything mentioned under s11.15.

IMPACT ASSESSMENTS

Under NHS Guidelines an Impact assessment should be done on you as to how the ban is affecting you and how the ban is affecting the vulnerable person. A copy of this should be sent to the Nearest Relative which of course is not me as I was totally bullied out of my role as being “unsuitable”. To think these people act as though they are God and are supposed to be kind and caring. Not under the MH that is for sure – it is all about getting rid of the Nearest Relative, control and bullying and in this case they are holding on to my daughter because a team of 34 strangers have judged me as being “unsuitable” have got one goal and that is to put her in a care home and send her hundreds and hundreds of miles away from home and family and most certainly out of area.

Sending a vulnerable person out of area can hardly be nice for the vulnerable person or their families and then to have phone and visits restricted with staff listening to every single word. Have they ever thought how they would feel if they had this treatment. So it is about punishment and control, not kind, compassionate treatment under LPFT – anything to achieve their ultimate aim to sever contact and to send far away out of area to private all for profit supported living or care homes that have all been tried and failed before where the abuse continues and neglect in the community. I am not saying all the places are like this but every single place Elizabeth has been to has not been right for her needs.

I will end with these final comments that many other parents and carers may have come across.

“Have you ever wondered why noone likes you and everyone has concluded the same thing. I am happy with the outcome”